Today is fixed for hearing as to the petition dt. 25.01.18. The Jdr. filed a petition for amendment of execution petition.

According to the argument as advanced by Ld. Lawyer of the Dhr. is that the Jdr. did not comply with the order of the Ld. Forum from the date of judgement up to September 2016. The Jdr. complied the order of the Ld. Forum on the month of September 2017.In the petition for proposed amendment of the execution petition it has been mentioned that Dhr. is entitled to receive the compensation along with other benefit till December 20117 for which the petition for execution is required to be amended.

On the other hand the Ld. Lawyer of the Jdr. submits that the petition is not maintainable. There is no cause of action for filing the case. The Jdr. has complied the order and restore the telephone connection on 08.04.2012. So, no further compensation of Rs.300/- per day is applicable upon the Jdr. after that i.e. 08.04.2012. Jdr. has paid 18% interest of Rs.210/- to the Dhr. and Dhr. has accepted the same. So considering such facts and circumstances the prayer for further amendment is required to be rejected. The Ld. Lawyer of the Jdr. also submitted that the proposed amendment for execution petition is not maintainable at this stage.

Hd. both sides. 

From the petition of proposed amendment it is not clear that what amount is due and whether at all due or not. So the petition is quite misconceived and cannot be acted upon. In such circumstances the petition for proposed amendment is rejected. However, liberty is given to the Dhr. to file a fresh petition for execution the case clearly stating that he has received the amount so far and rest amount has not been paid by the Jdr., that amount was actually due. That petition is to be filed within two months from the date of order which will be treated as new execution case.

Inform both sides.

Thus the petition dt.25.01.2018 be disposed of and the execution case bearing No.03/2002 is also disposed of.